HomeMy WebLinkAboutOrd.4226.05-16-2011 BILL NO. 11-69 ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
QUIT CLAIM DEED TO RAD PROPERTIES, LLC
TRANSFERRING EXCESS RIGHT-OF-WAY FOR ARMSTRONG
DRIVE LOCATED IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1 . The Mayor, for and on behalf of the City of
Cape Girardeau, Missouri, is hereby authorized to execute a Quit
Claim Deed to RAD Properties, LLC, for real property located in
the City of Cape Girardeau, Missouri more particularly described
as follows :
A TRACT OF LAND BEING PART OF ARMSTRONG DRIVE, 60 FEET WIDE
AS DEDICATED ON "RIGHT-OF-WAY DEDICATION PLAT ARMSTRONG
DRIVE" RECORDED IN PLAT BOOK 19, PAGE 79 OF THE CAPE
GIRARDEAU COUNTY RECORDS, IN U. S. SURVEY NO. 175, TOWNSHIP
30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN,
CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
Commencing at the Northwest corner of Lot 1 of Keller
Subdivision according to plat recorded in Plat Book 20,
Page 10 of the Cape Girardeau County Records, said point
being on a curve on the southwesterly line of above said
Armstrong Drive, 60 feet wide for which the radius point
bears North 20° 47' 28" East, 230 . 00 feet; thence in a
northwesterly direction along said curve and the
southwesterly line of said Armstrong Drive an arc distance
of 151 . 70 feet to the Point of Beginning of the hereon
described tract of land; thence continuing along the
southwesterly line of said Armstrong Drive and said curve
an arc distance of 18 . 65 feet to a point on the curve, said
point being the terminus of Armstrong Drive; thence North
63° 13' 41" East along the terminus of said Armstrong Drive
a distance of 60 . 00 feet to the northeasterly line of said
Armstrong Drive, . said point being on a curve for which the
radius point bears North 63° 13' 41" East, 170 . 00 feet;
thence in a southeasterly direction along said curve and
the northeasterly line of said Armstrong Drive an arc
distance of 83 . 33 feet to a point on the curve; thence
departing last said northeasterly line North. 79° 00' 28"
West 100 . 26 feet to the Point of Beginning and containing
2, 838 square feet, more or less.
ALSO:
A TRACT OF LAND BEING A PART OF U. S . P. S. 175, TOWNSHIP 30
NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY
AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS :
Commence at the Northwest corner of Lot 1 of Keller
Subdivision as recorded in the land records of said County
in Plat Book 20, Page 10, said point being on a curve on
the Southwesterly line of Armstrong Drive for which the
radius point bears North 200 47' 28" East, 230 . 00 feet
thence in a northwesterly direction along said curve and
the southwesterly line of said Armstrong Drive an arc
distance of 170 . 35 feet, said point being the terminus of
Armstrong Drive; thence North 630 13' 41" East, 60 . 00 feet
to the Northeasterly line of said Armstrong Drive, said
point being on a curve for which the radius point bears
North 630 13' 41" East, 170 . 00 feet; thence in a
southeasterly direction along said curve 185 . 60 feet;
thence South 890 19' 34" East, 244 . 78 feet to a curve to
the left having a radius of 30 . 00 feet; thence along said
curve a length of 30 . 09 feet to the Point of Beginning;
thence continue along said curve, a length of 17 . 03 feet;
thence North 000 40' 26" East, 34 . 48 feet to a curve to the
left having a radius of 170 . 00 feet; thence along said
curve a length of 81 . 43 feet; thence North 63° 13' 41"
East, 60 . 00 feet; thence southeasterly, along a curve to
the right, having a radius of 230 . 00 feet, a length of
110 . 17 feet (the chord of said arc bears South 13° 27' 32"
East, 109 . 12 feet; thence South 000 40' 26" West, 34 . 48
feet to a curve to the left having a radius of 30 . 00 feet a
length of 17 . 13 feet; thence North 89° 15' 24" West, 69 . 47
feet to the Point of Beginning containing 0 . 2029 acres
(8, 836. 5443 square feet) , more or less .
ARTICLE 2 . This ordinance will be in full force and effect
ten days after its passage and approval .
PASSED AND ADOPTED THIS DAY OF 20�.
GIR.44 rry E. Rediger, Mayor
ATTEST:
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QUIT CLAIM DEED
THIS INDENTURE,Made and entered into this day of ,2011, by
and between CITY OF CAPE GIRARDEAU, MISSOURI,a Municipal Corpora don,401 Independence
Street, Cape Girardeau,Mo. 63703, organized and existing under the laws of the State of Missouriwith its
principal office in the County of Cape Girardeau,State of Missouri,Party of the First Part;and RAD
PROPERTIES, LLC, Party of the Second Part.
WITNESSETH,That the said party of the First Part,in consideration of the sum of One Dollar
($1.00) paid by the said parties of the Second Part, the receipt of which is hereby acknowledged, do by thesee
presents,Remise,Release and forever Quit Claim,unto said parties of the Second Part, all of its right, title
and interest in the following described Lots,Tracts or Parcels of Land, lying being and situate in the County
of Cape Girardeau and State of Missouri, to-«71*t:
A TRACT OF LAND BEING PART OF ARMSTRONG DRIVE, 60 FEET WIDE AS
DEDICATED ON "RIGHT-OF-WAY DEDICATION PLAT ARMSTRONG DRIVE"
RECORDED IN PLAT BOOK 19, PAGE 79 OF THE CAPE GIRARDEAU COUNTY
RECORDS, IN U.S. SURVEY NO. 175, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE
FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF
MISSOURI,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Commencing at the Northwest corner of Lot 1 of Keller Subdivision according to plat recorded in
Plat Book 20, Page 10 of the Cape Girardeau County Records, said point being on a curve on the
southwesterly line of above said Armstrong Drive, 60 feet wide for which the radius point bears
North 20° 47' 28" East, 230.00 feet; thence in a northwesterly direction along said curve and the
southwesterly line of said Armstrong Drive an arc distance of 151.70 feet to the Point of Beginning
of the hereon described tract of land; thence continuing along the southwesterly line of said
Armstrong Drive and said curve an arc distance of 18.65 feet to a point on the curve, said point
being the terminus of Armstrong Drive; thence North 63° 13' 41" East along the terminus of said
Armstrong Drive a distance of 60.00 feet to the northeasterly line of said Armstrong Drive, said
point being on a curve for which the radius point bears North 63° 13' 41" East, 170.00 feet; thence
in a southeasterly direction along said curve and the northeasterly line of said Armstrong Drive an
arc distance of 83.33 feet to a point on the curve; thence departing last said northeasterly line North
790 00' 28" West 100.26 feet to the Point of Beginning and containing 2,838 square feet, more or
less,
ALSO:
A TRACT OF LAND BEING A PART OF U.S.P.S. 175, TOWNSHIP 30 NORTH, RANGE 13
EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE
GIRARDEAU, STATE OF MISSOURI AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
Commence at the Northwest corner of Lot 1 of Keller Subdivision as recorded in the land records
of said County in Plat Book 20, Page 10, said point being on a curve on the Southwesterly line of
Armstrong Drive for which the radius point bears North 20° 47' 28" East, 230.00 feet thence in a
northwesterly direction along said curve and the southwesterly line of said Armstrong Drive an arc
distance of 170.35 feet, said point being the terminus of Armstrong Drive;thence North 63° 13'41"
East, 60.00 feet to the Northeasterly line of said Armstrong Drive, said point being on a curve for
which the radius point bears North 63° 13' 41" East, 170.00 feet; thence in a southeasterly direction
along said curve 185.60 feet; thence South 89° 19' 34"East, 244.78 feet to a curve to the left having a
radius of 30.00 feet; thence along said curve a length of 30.09 feet to the Point of Beginning; thence
continue along said curve, a length of 17.03 feet; thence North 00° 40' 26" East, 34.48 feet to a
curve to the left having a radius of 170.00 feet; thence along said curve a length of 81.43 feet; thence
North 63° 13'41"East, 60.00 feet; thence southeasterly, along a curve to the right, having a radius of
230.00 feet, a length of 110.17 feet (the chord of said arc bears South 13° 27' 32" East, 109.12 feet;
thence South 00° 40' 26" West, 34.48 feet to a curve to the left having a radius of 30.00 feet a length
of 17.13 feet; thence North 89° 15' 24"West, 69.47 feet to the Point of Beginning containing 0.2029
acres (8,836.5443 square feet),more or less.
T-O-HA«-AND TO HOL-D-the-same-with-all-the-rights,-immunities,-privileges-and-appur-tenances
thereto belonging,unto the said parties of the Second Part, and their heirs and assigns, FORESTER, so that
neither the said party of the First part,nor its heirs,or any other person or persons for them or in its name or
behalf, shall or will hereafter claim or demand any right or title to the aforesaid premises or any part thereof,
but it and everyone claiming by it shall,by these presents,be excluded and forever barred.
IN WITNESS WHEREOF, the said party of the First Part hereunto set their hand the day and year
first above written.
CITY OF CAPE GIRARDEAU, MISSOURI
arry E. Wdigeayor
(� ra Clerk
ST MISSOURI }
} ss.
COUNTY OF CAPE GIRARDEAU }
On this r�(St4"day of 2011,before me personally appeared Harry E.
Rediger, to me personally known,who, being b me duly sworn, did say that he is the Mayor of the City of
Cape Girardeau,Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the
foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of
said City by authority of its City Council and acknowledged said instrument to be the free act and deed of
said City.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at my office
in Cape Girardeau the day and year first above written.
: -iLh 0" am
1L
My Commission Expires: TFUSHA -
Notary Public-Notary Seal
. a I , a o i 3 State of Missouri
Commissioned for Scott County
My Commission Evires:September 21,2013
Commission Number.09772485
QUIT CLAIM DEED
THIS INDENTURE, Made and entered into this a -T6 day of 010A A , 2011, by
and between CITY OF CAPE GIRARDEA . a unicinal Comora on. n eoendence
Street, Cape Girardeau, Mo. 63703, organized and existing under the laws of the State of Missouri with its
principal office in the County of Cape Girardeau, State of Missouri, Party of the First Part; and RAD
PROPERTIES, LLC, Party of the Second Part.
WITNESSETH, That the said party of the First Part, in consideration of the sum of One Dollar
($1.00) paid by the said parties of the Second Part, the receipt of which is hereby acknowledged, do by thesee
presents, Remise, Release and forever Quit Claim, unto said parties of the Second Part, all of its right, tide
and interest in the following described Lots, Tracts or Parcels of Land, lying being and situate in the County
of Cape Girardeau and State of Missouri, to -wit:
A TRACT OF LAND BEING PART OF ARMSTRONG DRIVE, 60 FEET WIDE AS
DEDICATED ON "RIGHT-OF-WAY DEDICATION PLAT ARMSTRONG DRIVE"
RECORDED IN PLAT BOOK 19, PAGE 79 OF THE CAPE GIRARDEAU COUNTY
RECORDS, IN U.S. SURVEY NO. 175, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE
FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF
MISSOURI, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Commencing at the Northwest corner of Lot 1 of Keller Subdivision according to plat recorded in
Plat Book 20, Page 10 of the Cape Girardeau County Records, said point being on a curve on the
southwesterly line of above said Armstrong Drive, 60 feet wide for which the radius point bears
North 20° 47' 28" East, 230.00 feet; thence in a northwesterly direction along said curve and the
southwesterly line of said Armstrong Drive an arc distance of 151.70 feet to the Point of Beginning
of the hereon described tract of land; thence continuing along the southwesterly line of said
Armstrong Drive and said curve an arc distance of 18.65 feet to a point on the curve, said point
being the terminus of Armstrong Drive; thence North 63° 13' 41" East along the terminus of said
Armstrong Drive a distance of 60.00 feet to the northeasterly line of said Armstrong Drive, said
point being on a curve for which the radius point bears North 63° 13' 41" East, 170.00 feet; thence
in a southeasterly direction along said curve and the northeasterly line of said Armstrong Drive an
arc distance of 83.33 feet to a point on the curve; thence departing last said northeasterly line North
790 00' 28" West 100.26 feet to the Point of Beginning and containing 2,838 square feet, more or
less:
ALSO:
A TRACT OF LAND BEING A PART OF LISTS. 175, TOWNSHIP 30 NORTH, RANGE 13
EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE
GIRARDEAU, STATE OF MISSOURI AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
Commence at the Northwest corner of Lot 1 of Keller Subdivision as recorded in the land records
of said County in Plat Book 20, Page 10, said point being on a curve on the Southwesterly line of
Armstrong Drive for which the radius point bears North 20° 47' 28" East, 230.00 feet thence in a
northwesterly direction along said curve and the southwesterly line of said Armstrong Drive an arc
distance of 170.35 feet, said point being the terminus of Armstrong Drive; thence North 63° 13'41"
East, 60.00 feet to the Northeasterly line of said Armstrong Drive, said point being on a curve for
which the radius point bears North 63° 13' 41" East, 170.00 feet; thence in a southeasterly direction
along said curve 185.60 feet; thence South 89° 19' 34" East, 244.78 feet to a curve to the left having a
radius of 30.00 feet; thence along said curve a length of 30.09 feet to the Point of Beginning; thence
continue along said curve, a length of 17.03 feet; thence North 00° 40' 26" East, 34.48 feet to a
curve to the left having a radius of 170.00 feet; thence along said curve a length of 81.43 feet; thence
North 63° 13'41" East, 60.00 feet; thence southeasterly, along a curve to the right, having a radius of
230.00 feet, a length of 110.17 feet (the chord of said arc bears South 13° 27' 32" East, 109.12 feet;
thence South 00° 40'26" West, 34.48 feet to a curve to the left having a radius of 30.00 feet a length
of 17.13 feet; thence North 89° 15' 24" West, 69.47 feet to the Point of Beginning containing 0.2029
acres (8,836.5443 square feet), more or less.
TO HAVE-ANE1 VO HOLD -the -same, with all dictights immunities, -privileges -and -appurtenances
thereto belonging, unto the said parties of the Second Part, and their heirs and assigns, FOREVER, so that
neither the said party of the First part, not its heirs, or any other person or persons for them or in its name or
behalf, shall or will hereafter claim or demand any right or title to the aforesaid premises or any part thereof,
but it and everyone claiming by it shall, by these presents, be excluded and forever barred.
IN WITNESS WHEREOF, the said party of the First Pint hereunto set their hand the day and year
first above written.
COUNTY OF CAPE GIRARDEAU
CITY OF CAPE GIRARDEAU, MISSOURI
arry E. Wdigeayor
ss.
On this %5 day of 2011, before me personally appeared Harry E.
Rediger, to me personally known, who, being b me duly sworn, did say that he is the Mayor of the City of
Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the
foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of
said City by authority of its City Council and acknowledged said instrument to be the free act and deed of
said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office
in Cape Girardeau the day and year fust above written.
Fal
My Commission Expires:
TR SAA 1160WAYm
Notary Public - Notary Seal
State of Missouri
Commissioned far Scott County
MyCommisslonIires:September 21,2013
Commission Number, 09772455